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Where Should A Franchisor Set Up Its Headquarters?
What is the best location in the United States for a franchisor to set up its headquarters? That is the question I recently posed to the ABA Forum on Franchising Listserv. The query elicited a flurry of fascinating responses, many of them quite detailed and well-considered.
Most of those responding felt that their own city and state was the “best” place for a franchisor to be headquartered. I suppose that is understandable because: 1) most people live where they do by choice and, presumably, do so because they like it there; and 2) franchise attorneys are always eager to have more franchisors nearby who might serve as sources of potential work. However, after sifting through the responses and discounting local bias, there appeared to be at least a general consensus concerning the factors that should be considered in deciding where a franchisor, given the choice, should set up its headquarters (even while there was considerably less agreement concerning actual geographic location). Below, in no particular order, are the factors that people responding to my inquiry most frequently identified.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.